Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1887-10-16
THE SEAL FISHERIES.
Right of the United States to Ex-
ercise Dominion over Behring's
Sea Demonstrated.
Geo. Francis Train in His Great
Defiance Act at Chicago
Parsons Bombs.
OUR RIGHT OVER BEHRING SEA.

OUR RIGHT OVER BEHRING SEA.
synopsis Of Counselor Delaney's Brief Rel
stiye to the Matter, Filed at sitka.
Ottawa Telegram: The government
here Is iD receipt OF advices from SiIka
which contains the brief understood to
have been prepared in Washington
and filed in the court at Sitka by A.
X. Delaney Ms counsel for the United
States in the latter's claim of exclu.
siye dominion over Behring Sea. as
brought out in the existing seal fisher
les dispute. Delaney takes the posi-
ton that Behring's Sea Is not portion
Of the open or high sea, but is an in.
land water cut off from the ocean and
essentially land locked. The assertion
that the United States upholds the
idea Of three-mile limit in the At
lantic ocean and opposes she same idea
in the Pacific is disposed Of by Delaney
az iollows: Concerning the doctrine
of international law, establishing what
Is known rs the marine league belt,
which extends the jurisdiction OF
uation into adjacent seas for the dis
tance OF one marine league, or three
miles, from its shores and following all
the indentations and sinuosities Of its
coast. there is at this day no room for
discussion. 1t must be accepted as the
settled laws Of nations. Ii is sustained
by the highest authority Of law writ
ers and jurists. IL has been sanctioned
by the Unieed States since foundation
of the government. Well grounded ~
il this doctrine Of the laws of nations,
IL H. no more firmly established as a
part of the international code than
that other principle which gives TO a
nation supremacy, jurisdiction and
over Its own land, waters,
CULTS, bays and seas. II a sea is en-
tirely enclosed by the territories of
nation and has no other communica-
ton with the ocean than by channel
of which that nation may take possess
sion, il appears that such sea is the
less capable Of being occupied and be-
property than the land, and it
ought 10 follow the fate of the country
that surrounds. The Mediterranean
in former times was absolutely en-
closed within the territory OF the
Romans, and that people, by rendering
master Of the strait which
Joins them to the ocean, might subject
the Mediterranean to their empire, and
assume the dominion over 1t. They
did not by such proceedings iDjure
the rights OF other nations in particu-
lar, a particular sea being manifestly
designated by nature for the use OF the
and nations which surround
it,
Delaney then makes numerous ref |
erences to prove that Russia always
asserted that Behring Sea was an In
land water, and that the United States
had always acquired the same position
since it, acquired title. The brief
then goes on to state how Russis's title
was based on discovery and settlement
and how the United States acquired |
IL title bet Seen the United States and |
as german to the questions in
volved in the ease. In conclusion |
Delaney said: "The foregoing record
may convey but meagre idea OF the
energy and perseverance
by the Russian people in ac.
luiriDg empire in North America, be.
ginning withthe discoveries Of Behring
in l723, and extending for more than
century and quarter, wherein they
braved the periis Of land and sea, over.
came the native population, faced ice
aud snow, storm and shipwreck, 10
found and maintain an empire on these
rugged shores. Enough has been
said to disclose the basis of Russia's
right to jurisdiction over Behring sea,
under the law of nations, viz: original
possession of the Atlantic coast follow
ed by the discovery and possession of
the Atlantic chain and the shores of
Alaska, north not only TO Behring
but TO Point Barrow AID
The frozen ocean, thus enclosing with
IN its territory as with the embrace OF
a mighty grant the islands and waters
Of Behrlng sea, aud with this the rs.
sertion and dominion over land ana
sea-"
Such is our understanding Of the
law. Such Ia the record.
Upon them the United States is pre-.
pared to abide the Judgments Of the
courts and the opinion Of the civi.
lized world